SENATE AMENDED
PRIOR PRINTER'S NOS. 836, 995, 1653 PRINTER'S NO. 2707
No. 709 Session of 2003
INTRODUCED BY DiGIROLAMO, ALLEN, BARD, BEBKO-JONES, BELARDI,
BROWNE, BUXTON, CASORIO, CAUSER, CAWLEY, CIVERA, CORNELL,
CORRIGAN, CRAHALLA, DALLY, DeLUCA, DONATUCCI, J. EVANS,
FREEMAN, GEIST, GOODMAN, HARHAI, HARRIS, HASAY, HORSEY,
KELLER, KENNEY, KOTIK, LaGROTTA, LEACH, MARKOSEK, McNAUGHTON,
NAILOR, O'NEILL, PAYNE, PHILLIPS, RAYMOND, READSHAW, ROONEY,
RUBLEY, RUFFING, SAINATO, SATHER, SCAVELLO, SCHRODER,
STABACK, TANGRETTI, TRUE, WATSON, WEBER, WILT, J. TAYLOR,
REICHLEY, E. Z. TAYLOR, HARHART, WALKO, COSTA, HANNA, REED,
CRUZ AND COY, MARCH 6, 2003
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
SEPTEMBER 30, 2003
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for cruelty to
3 animals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(a)(2.1)(ii) of Title 18 of the <--
7 Pennsylvania Consolidated Statutes, amended December 9, 2002
8 (P.L.1439, No.183), is amended and the section is amended by
9 adding subsections to read:
10 SECTION 1. SECTION 5511(C) OF TITLE 18 OF THE PENNSYLVANIA <--
11 CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY
12 ADDING A SUBSECTION TO READ:
13 § 5511. Cruelty to animals.
1 (a) Killing, maiming or poisoning domestic animals or zoo <--
2 animals, etc.--
3 * * *
4 (2.1) * * *
5 (ii) Any person convicted of violating the
6 provisions of this paragraph shall be sentenced to pay a
7 fine of not less than $1,000 or to imprisonment for not
8 more than [two] five years, or both. The court may also
9 order a presentence mental evaluation. A subsequent
10 conviction under this paragraph shall be a felony of the
11 third degree. This paragraph shall apply to dogs and cats
12 only.
13 * * *
14 * * * <--
15 (C) CRUELTY TO ANIMALS.--
16 (1) A PERSON COMMITS [A SUMMARY] AN OFFENSE IF HE
17 WANTONLY OR CRUELLY ILLTREATS, OVERLOADS, BEATS, OTHERWISE
18 ABUSES ANY ANIMAL, OR NEGLECTS ANY ANIMAL AS TO WHICH HE HAS
19 A DUTY OF CARE, WHETHER BELONGING TO HIMSELF OR OTHERWISE, OR
20 ABANDONS ANY ANIMAL, OR DEPRIVES ANY ANIMAL OF NECESSARY
21 SUSTENANCE, DRINK, SHELTER OR VETERINARY CARE, OR ACCESS TO
22 CLEAN AND SANITARY SHELTER WHICH WILL PROTECT THE ANIMAL
23 AGAINST INCLEMENT WEATHER AND PRESERVE THE ANIMAL'S BODY HEAT
24 AND KEEP IT DRY.
25 (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), A
26 PERSON CONVICTED OF VIOLATING PARAGRAPH (1) COMMITS A
27 SUMMARY OFFENSE.
28 (II) A PERSON CONVICTED FOR A SECOND OR SUBSEQUENT
29 TIME OF VIOLATING PARAGRAPH (1) COMMITS A MISDEMEANOR OF
30 THE THIRD DEGREE IF ALL OF THE FOLLOWING OCCURRED:
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1 (A) THE ACTION OR OMISSION FOR WHICH THE PERSON
2 WAS CONVICTED FOR A SUBSEQUENT TIME WAS PERFORMED ON
3 A DOG OR CAT.
4 (B) THE DOG OR CAT WAS SERIOUSLY INJURED,
5 SUFFERED SEVERE PHYSICAL DISTRESS OR WAS PLACED AT
6 IMMINENT RISK OF SERIOUS PHYSICAL HARM AS THE RESULT
7 OF THE PERSON'S ACTION OR OMISSION.
8 (3) THIS SUBSECTION SHALL NOT APPLY TO ACTIVITY
9 UNDERTAKEN IN NORMAL AGRICULTURAL OPERATION.
10 * * *
11 (m.2) Certain offenses.--In addition to any other penalty <--
12 provided by law, a person convicted of a second or subsequent
13 offense of cruelty to animals involving a dog or cat under
14 subsection (c) shall be charged with a misdemeanor of the third
15 degree.
16 (m.3) (M.2) Prohibition of ownership.--Notwithstanding any <--
17 provision of law and in addition to any other penalty provided
18 by law, the authority imposing sentence upon a conviction for
19 any violation of this section may order the prohibition or
20 limitation of the defendant's ownership, possession, control or
21 custody of animals or employment with the care of animals for a
22 period of time not to exceed the statutory maximum term of
23 imprisonment applicable to the offense for which sentence is
24 being imposed.
25 * * *
26 Section 2. This act shall take effect immediately.
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